IN THE CASE OF:
BOARD DATE: 05 MARCH 2009
DOCKET NUMBER: AR20080013799
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect award of the Basic Aviation Badge.
2. The applicant states that he was authorized to wear the Basic Aviation Badge following completion of his advanced individual training (AIT) and he wore the badge for 4 years. However, he recently discovered that the Basic Aviation Badge was omitted from his DD Form 214.
3. The applicant provides no additional documents with his application.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant enlisted in the Regular Army on 25 September 1986 for a period of 4 years and training in military occupational specialty (MOS) 68J (aircraft armament fire control repairer). He completed his basic training at Fort Dix, New Jersey and his AIT at Fort Eustis, Virginia before being transferred to Fort Ord, California for his first and only duty assignment in August 1987.
3. He was assigned to an aviation company at Fort Ord as an aircraft fire control repairer and was advanced to the pay grade of E-4 on 1 August 1988.
4. On 24 May 1991, he was honorably released from active duty (REFRAD) due to the expiration of his term of service (ETS) and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation. He had served 4 years and 8 months of total active service and his DD Form 214 issued at the time of his REFRAD shows that he was awarded the Army Service Ribbon, the Army Good Conduct Medal, the National Defense Service Medal, and his marksmanship badges.
5. A review of the applicant's official records fails to show that the applicant was awarded the Basic Aviation Badge.
6. Army Regulation 600-8-22 (Military Awards) provides, in paragraph 8-28, that the Basic Aviation Badge may be awarded to Soldiers upon successful completion of formal AIT in MOS 68 after 31 December 1985.
DISCUSSION AND CONCLUSIONS:
1. Although there are no orders in the available records to document the applicant's award of the Basic Aviation Badge, the applicant completed his formal AIT in MOS 68J in 1987. Therefore, it is reasonable to presume that he was awarded the Basic Aviation Badge upon completion of his AIT.
2. The applicant also states that he wore the Basic Aviation Badge for 4 years after it was awarded, which coincides with the period he served after his AIT.
3. Accordingly, it is reasonable to presume that he was in fact awarded the Basic Aviation Badge upon completion of his AIT; therefore, it would be in the interest of justice to correct his records to show that he was awarded the Basic Aviation Badge.
BOARD VOTE:
___X_____ ___X_____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding the applicant the Basic Aviation Badge and adding this award to item 13 of his DD Form 214.
2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
________XXX_______________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20080013799
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